A (A Child: Permission to Withdraw Proceedings) [2018] EWFC B95 (15 August 2018 )

A (A Child: Permission to Withdraw Proceedings) [2018] EWFC B95 (15 August 2018 )

Permission to withdraw care proceedings was granted because, although the local authority could theoretically prove its allegations, the evidence was weak, the process would be harmful to the children, and all welfare and proportionality factors weighed against continuing. The court found it was neither proportionate nor in the child's interests to proceed, and all parties agreed with withdrawal.

Citation
[2018] EWFC B95
Parties
Child Subject to Proceedings: A; Mother: B; Father: C; Brother: D; Reporting Child and Adolescent Psychiatrist: E; Local Authority: Z
Jurisdiction
England and Wales
Procedural Posture
Care Proceedings / Application for Permission to Withdraw Care Proceedings
Outcome
Permission to withdraw care proceedings granted
Legal Topics
Withdrawal of Care Proceedings, Threshold Criteria Under Children Act 1989, Fact Finding Hearings, Disclosure Obligations, Welfare of the Child
Family Law Child Protection Withdrawal of Care Proceedings Threshold Criteria Under Children Act 1989 Fact Finding Hearings Disclosure Obligations Welfare of the Child

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Parties

A

Child Subject to Proceedings

B

Mother

C

Father

D

Brother

E

Reporting Child and Adolescent Psychiatrist

Z

Local Authority

Procedural Posture

Care Proceedings / Application for Permission to Withdraw Care Proceedings

Legal Issues

  1. 1 Whether the local authority should be granted permission to withdraw care proceedings under FPR r.29.4(2)
  2. 2 Whether the threshold criteria under s.31(2) Children Act 1989 could be satisfied
  3. 3 Whether a fact-finding hearing was necessary or proportionate given the evidence and welfare considerations

Ratio Decidendi

Permission to withdraw care proceedings was granted because, although the local authority could theoretically prove its allegations, the evidence was weak, the process would be harmful to the children, and all welfare and proportionality factors weighed against continuing. The court found it was neither proportionate nor in the child's interests to proceed, and all parties agreed with withdrawal.

Court Disposition

Permission to withdraw care proceedings granted

Orders

  • Proceedings withdrawn as of 7 August 2018
  • No findings made on the allegations; matters alleged to be treated as not having happened